This chapter is authorized under the provisions of Idaho Code title 67, chapter 65 and Idaho Code title 50, chapter 13.

(Ord. No. O2007-2, 2-13-2007)

The purpose of a property boundary adjustment is to accommodate a transfer of land between adjacent separate lots or parcels in order to correct the property line, setback encroachment or create better lot design without creating nonconforming lots. Property boundary adjustments do not create additional building lots or vacate the platted lot lines of a recorded subdivision. The decision on a property boundary adjustment application is made by the city in an administrative procedure.

(Ord. No. O2007-2, 2-13-2007)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means an official having knowledge in the principles and practices of zoning who is appointed by the city council to administer this title.

Property boundary adjustment means the adjustment of an existing lot or parcel line where no additional lots or parcels are created and all new properties meet the minimum zoning requirements for the applicable zone as set forth in the City of Emmett Zoning Ordinance.

(Ord. No. O2007-2, 2-13-2007)

All property boundary adjustment applications shall include a survey of the parcels whose boundary is to be adjusted, a legal description of the property that is to be taken from one parcel and added to the other parcel, and a legal description for each of the resulting parcels. The survey and legal descriptions shall be prepared by a surveyor licensed in the State of Idaho and should clearly identify the old property line, the new property line and the relationship of any improvements to the setback requirements. Easements should also be noted if associated with any of the affected property lines.

State Law reference— Per Idaho Code § 55-1904.

The following process shall be followed for property boundary adjustment applications:

A.

Application. An application and fee shall be submitted to the administrator on forms provided by the planning and zoning department. Said application shall require notarized consent from all property owners affected by the proposed adjustment(s).

B.

Department/agency review. The administrator shall transmit the application to the Gem County Assessor, city and/or county surveyor, Gem County Treasurer, and any other applicable departments or agencies for review and comment. Said parties shall have at least ten days to reply to the administrator.

C.

Tentative approval; requirements. Upon tentative approval of the application by the administrator subject to any applicable conditions of approval and the regulations of this title, the applicant or owner shall have a maximum of six months to complete the following tasks:

1.

Cause the property to be surveyed by a licensed land surveyor. Said survey shall clearly label existing and new property boundary lines and follow other standard survey practices;

2.

Have the necessary deeds prepared to accomplish the property boundary adjustments as tentatively approved;

3.

Submit the record of survey on Mylar with three full size paper copies along with a reduced eight and one-half-inch by eleven-inch copy and the executable deeds to the administrator for final approval.

D.

Final approval. Upon determination by the administrator that the final property boundary adjustment is in conformance with this chapter, the administrator shall sign the survey. The applicant shall then file the survey and deeds with the Gem County Recorder's Office and obtain new tax parcel numbers from the Gem County Assessor's Office.

(Ord. No. O2007-2, 2-13-2007)

A.

A property boundary adjustment shall not reduce the property size below the minimum dimensional standards prescribed by the City of Emmett Zoning Ordinance.

B.

If one or more of the properties is nonconforming as to the minimum dimensional standards prescribed by the zoning ordinance (including, but not limited to, the size and street frontage), the property boundary adjustment shall not increase the nonconformity.

C.

A property boundary adjustment shall not change or move any public streets, private lanes, easements, or publicly dedicated areas in any manner. If any such area is to be vacated to necessitate the adjustment, a vacation application must be approved prior to applying for a property boundary adjustment.

D.

The property boundary adjustment shall not increase the original number of properties.

E.

For platted lots, the property boundary adjustment shall be in substantial conformance with the recorded plat. This shall be interpreted to mean no more than ten percent of the total area within the recorded plat may be affected by the adjustment. This shall be a cumulative calculation over time.

F.

No permanent structures or other encroachments are allowed over adjusted property boundary lines which have existing easements, regardless of any property boundary line adjustment being approved.

G.

All current taxes must be paid in full on any property affected by the adjustment prior to the administrator's tentative approval being issued.

H.

The following shall require replatting or filing of an amended plat and shall not be considered a property boundary adjustment:

1.

A change in a lot line that results in a change in the location of an approach, utilities, easements and/or septic tank or drain field.

2.

An increase or decrease in any lot size of more than 20 percent.

3.

Any adjustments between a platted lot and an unplatted lot.

4.

An increase or reduction in the number of lots within a subdivision.

(Ord. No. O2007-2, 2-13-2007)